Hutton and Pierse (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Hutton and Pierse concerning the percentage of care for a child. The applicant, Hutton, sought to have the percentage of care determined from the commencement of the administrative assessment, rather than from the date of the decision under review.

The Tribunal was required to determine two primary legal issues. Firstly, it needed to ascertain the likely pattern of care from the start of the administrative assessment. Secondly, the Tribunal had to consider whether there were special circumstances that prevented the objection from being lodged within the prescribed time limit, and if so, whether those special circumstances existed.

In its reasoning, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the determination of care percentages and the date of effect provisions. The Tribunal found that the evidence supported a finding that the applicant had a greater percentage of care from the commencement of the administrative assessment. Furthermore, the Tribunal determined that special circumstances did exist which prevented the objection from being lodged in time, thereby allowing the objection to be considered. The Tribunal set aside the original decision and substituted its own finding regarding the percentage of care.